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False Accusation of Racism at Work

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  • 12-13-2008, 04:22 AM
    Devryn
    False Accusation of Racism at Work
    My question involves defamation / slander in the state of: Arizona

    I was called into my bosses office with her boss at the end of Thursday at work. Someone had accused me of making racist comments at work, specifically, this pseudo-anonymous person said that, in my comment, I used what is basically a pop culture reference. I say pseudo-anonymous because the managers admitted they knew who the accuser was, but wouldn't give me a name. The problem is that this particular pop culture reference would be far outside of my age group. I'm trying to be as general as possible, so I won't give the specifics, but it's at least 6 years before I was born. The other problem is that they claim it was in reference to Obama taking the White House, which is also a problem since I have been and continue to be an Obama supporter.

    This claim has caused me to lose sleep for two days. Hell, I'm up right now on a weekend because I can't get this stupid accusation out of my head. I called in sick Friday because I couldn't stand the thought of going to work. I don't want to go to work Monday now either. I work in an office environment. I'm a contracting officer for a small local government.

    Does this sound like a good case for a slander or defamation suit? I've been completely torn up by this. All I REALLY want is an apology and a public reversal of what they said they heard. The problem is, I don't know who the person is. I want legal ground to force the manager to tell me who it is. I'm dead serious about wanting to sue if this person doesn't offer an apology.
  • 12-13-2008, 08:33 AM
    cbg
    Re: False Accusation of Racism at Work
    You have got to be kidding.

    No, this is not even remotely close to good grounds for any kind of suit.
  • 12-13-2008, 09:06 AM
    Devryn
    Re: False Accusation of Racism at Work
    Quote:

    Quoting cbg
    View Post
    You have got to be kidding.

    No, this is not even remotely close to good grounds for any kind of suit.

    If I were kidding, jackass, I wouldn't be here. I bet you're a helluva HR Manager. Furthermore, if I wasn't serious, I wouldn't have been up at 3:30 am worrying about it. You can take your sarcasm and shove it up your ass, since I was asking a legitimate question.

    After reading what slander and defamation is, it seems to me I DO have a case, since the person has told other people. It has damaged my reputation at work and has affected the ability for me to do my job. This lie has created a permanent mark on my record at work, without any evidence, and without them giving me a chance to defend myself against baseless accusations.
  • 12-13-2008, 09:39 AM
    Mr. Knowitall
    Re: False Accusation of Racism at Work
    If you're going to criticize other people's behavior, you need to start by not acting like an unpleasant child yourself.

    If you can't figure out who reported your making the statement, you have nobody to sue. How is this mystery person managing to tell everybody you work with that you supposedly made this statement, yet you're unable to find out or figure out who the mystery person is?

    Your employer is entitled to investigate the report.
  • 12-13-2008, 08:28 PM
    Devryn
    Re: False Accusation of Racism at Work
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you're going to criticize other people's behavior, you need to start by not acting like an unpleasant child yourself.

    If you can't figure out who reported your making the statement, you have nobody to sue. How is this mystery person managing to tell everybody you work with that you supposedly made this statement, yet you're unable to find out or figure out who the mystery person is?

    Your employer is entitled to investigate the report.

    I was responding to the first repliers sarcasm. I believe that in this Country, I have a right to face my accuser. In this case, I would use that right to force my employer to give me the name.
  • 12-13-2008, 08:38 PM
    aaron
    Re: False Accusation of Racism at Work
    If you are criminally prosecuted, you can be sure to assert your Sixth Amendment right to confront your accuser at your trial.
    Quote:

    Quoting Sixth Amendment
    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

  • 12-14-2008, 08:42 AM
    cbg
    Re: False Accusation of Racism at Work
    I'm still looking for where you've suffered any damages. Have you lost your job? Been demoted? Gotten a pay decrease?

    If the only thing that's happened is that your employer called you in as part of a routine investigation that your employers are not only entitled to but obligated to conduct, then I stand by my previous statement.
  • 12-15-2008, 08:04 AM
    Devryn
    Re: False Accusation of Racism at Work
    It's gone on my personnel record. I'm unsure of whoelse has heard or been told. These things tend to spread around here. My job requires my customers to trust what I say and that I'm fair and ethical. If my customers trust in me is jeopardized, I can no longer perform my job effectively.
  • 12-15-2008, 08:29 AM
    cbg
    Re: False Accusation of Racism at Work
    Without some evidence that first, your customers have been told about this and second, that it has affected their perception of your trustworthiness, you have nothing to sue for. You can't sue for something that has not and may never happen.
  • 12-15-2008, 10:06 AM
    Devryn
    Re: False Accusation of Racism at Work
    I will not be persuing this any further, unless another accusation is made. To prevent me from getting the name, the management agreed not to put this in my personnel file as a dicipline action. Also, by not putting it on my personnel record, there's no "damage." I was advised by another attorney, that if it had become a dicipline action, there WOULD have been damage, so those of you out there who are in similar situations, if you're "written up" for it, then you have grounds for damages. I wish I knew who the person was, so that I could at least know who they're in network with to evaluate whether or not they've told anyone and whether or not that's affected the performance of my duties, but at this point I have no option but to let it lie where it is.

    The hardest thing in the world for me is for someone to question or attack a value that is at the center of who I am.
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